RESPECT Act: Redefining Supervisors Under Labor Law
This paper provides an overview of the RESPECT Act (Re-Empowerment of Skilled and Professional Employees and Construction Trades Workers), a piece of pending federal labor legislation introduced in the 110th Congress. The paper explains how the Act would fundamentally alter the definition of "supervisor" under the National Labor Relations Act of 1935, potentially reclassifying approximately 8 million workers as non-supervisory employees eligible for union membership. It presents arguments from both critics, who warn of divided loyalties and reduced business flexibility, and supporters, who argue the change prevents employers from misclassifying workers to suppress unionization.
- Introduction to the RESPECT Act: Overview of the bill's origin and purpose
- The National Labor Relations Act and the Supervisor Definition: NLRA definitions of employee and supervisor
- How the RESPECT Act Would Change the Definition: Proposed 50% rule and removed language
- Arguments Against the RESPECT Act: Business flexibility and loyalty concerns
- Arguments in Favor of the RESPECT Act: Preventing misclassification to suppress unions
- Legislative Outlook and Related Labor Legislation: Congressional prospects and Card Check Act link
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What makes this paper effective
- Grounds its analysis in precise statutory language, quoting directly from the NLRA's definitions of "employee" and "supervisor" to establish a clear legal baseline before explaining proposed changes.
- Balances competing perspectives by presenting both critics' and proponents' arguments with specific, quantified claims (e.g., the 8 million reclassified workers, the 50% weekly-time threshold).
- Connects the narrow legislative question to broader labor-relations principles, such as divided loyalty and the intent behind the original NLRA.
Key academic technique demonstrated
The paper demonstrates effective use of statutory analysis — a technique common in law and policy writing — by laying out original legislative text, identifying the exact clause under dispute, and then tracing how proposed amendments would alter legal outcomes. This method of anchoring argument in primary legal sources gives the analysis credibility and precision.
Structure breakdown
The paper opens by introducing the RESPECT Act and its congressional sponsors, then establishes the NLRA's existing definitions of "employee" and "supervisor." It next explains the specific changes the RESPECT Act would make, followed by a section on critics' concerns and a section addressing proponents' rationale. It closes by situating the bill within the broader congressional landscape, linking it to the related Card Check Act.
Introduction to the RESPECT Act
The RESPECT Act — Re-Empowerment of Skilled and Professional Employees and Construction Trades Workers — is a piece of pending labor legislation introduced by Representative Rob Andrews (D-NJ) and Senator Chris Dodd (D-CT) in the 110th Congress (H.R. 1644 / S.969). Although it had not yet been reintroduced in the 111th Congress at the time of this writing, the Act would fundamentally change the definitions of management and supervisory positions set forth by the National Labor Relations Act (RESPECT, 2009, Foster Swift). The National Labor Relations Act (NLRA) of 1935 was a sweeping piece of protective federal legislation that gave employees the right to unionize and engage in collective bargaining. The Act specifically defined what constituted an "employee" and a "supervisor."
References
Bills promote unionization: The "Card Check" Act and the "RESPECT" Act. (2009, July). Employment, Labor & Benefits Practice Group. Foster Swift Employment, Labor & Benefits Quarterly. Updated January 2011. Retrieved January 12, 2011, from
National Labor Relations Act (NLRA). (1936). Full text retrieved January 12, 2011, from http://www.nlrb.gov/about_us/overview/national_labor_relations_act.aspx
Sherk, J., & O'Donnell, R. (2009, May). How the RESPECT Act hurts companies and employees alike. The Heritage Foundation. Retrieved January 12, 2011, from http://www.heritage.org/Research/Reports/2009/05/How-the-RESPECT-Act-Hurts-Companies-and-Employees-Alike
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